State v. Millsaps’s Empirical Analysis

Citation profile

119 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 120 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An instruction on a lesser-included offense must be given only if the evidence would permit the jury rationally to find defendant guilty of the lesser offense and to acquit him of the greater.”

   11 later decisions quote this exact passage
   e.g. 243 N.C. App. 466 - State v. Juarez · 249 N.C. App. 383 - State v. Clevinger

2. “Under North Carolina and federal law a lesser included offense instruction is required if the evidence would permit a jury rationally to find defendant guilty of the lesser offense and acquit him of the greater. The test is whether there is the presence, or absence, of any evidence in the record which might convince a rational trier of fact to convict the defendant of a less grievous offense. Where the State's evidence is positive as to each element of the offense charged and there is no contradictory evidence relating to any element, no instruction on a lesser included offense is required.”

   8 later decisions quote this exact passage
   e.g. 249 N.C. App. 383 - State v. Clevinger · 202 N.C. App. 373 - State v. Grier

3. “The determinative factor is what the State’s evidence tends to prove. If the evidence is sufficient to fully satisfy the State’s burden of proving each and every element of the offense of murder in the first degree, including premeditation and deliberation, and there is no evidence to negate these elements other than defendant’s denial that he committed the offense, the trial judge should properly exclude from jury consideration the possibility of a conviction of second degree murder.”

   8 later decisions quote this exact passage
   e.g. 182 N.C. App. 343 - State v. Gwynn · State v. Taylor